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biglouis

Can you leave your estate to one relative or friend who has really helped you and cut out nearer siblings such that they cannot make a claim? The sibling concerned does not depend upon me financially in any way.

In England, Wales and Northern Ireland, you have the freedom in your Will to leave your estate to any individuals or organisations that you wish. You do not have to include siblings or any family members at all. This is known as testamentary freedom.
In Scotland, there is an exception to this freedom, known as Legal Rights. This gives a spouse/civil partner and the children of the deceased the right to claim a proportion of the moveable (non-property) assets of the estate. This is a form of ‘forced heirship’, meaning it is an automatic right that cannot be argued against – once claimed, it must be settled. Legal Rights do not apply to siblings.
However, in the whole of the UK, it is possible for a Will to be contested by interested parties or for a claim to be made against the estate after death. It could be that someone tries to challenge the validity of the Will in some way, for example, by saying the person did not have capacity to make it, made the Will under undue influence or that it was not executed properly. Or certain individuals may claim they were financially dependent on the deceased. While it is not possible to completely eliminate the chance of a successful challenge/claim, you can reduce the likelihood by seeking independent legal advice when drafting your Will, so that there is further evidence of your wishes and reasons for not including certain people.

PattyFingers

Why is it that people make a Will which they believe is binding but relatives are able to contest the Will if they think they have been slighted and sometimes the Will is overturned. Surely a Will is a Will.

Hi, similar to my answer to biglouis above, it might help you to know that in England, Wales and Northern Ireland, you have the freedom in your Will to leave your estate to any individuals or organisations that you wish. You do not have to include any family members at all. This is known as testamentary freedom.

In Scotland, there is an exception to this freedom, known as Legal Rights. This gives a spouse/civil partner and the children of the deceased the right to claim a proportion of the moveable (non-property) assets of the estate. This is a form of ‘forced heirship’, meaning it is an automatic right that cannot be argued against – once claimed, it must be settled. Legal Rights do not apply to siblings.

However, in the whole of the UK, it is possible for a Will to be contested by interested parties or for a claim to be made against the estate after death. It could be that someone tries to challenge the validity of the Will in some way, for example, by saying the person did not have capacity to make it, made the Will under undue influence or that it was not executed properly. Or certain individuals may claim they were financially dependent on the deceased. While it is not possible to completely eliminate the chance of a successful challenge/claim, you can reduce the likelihood by seeking independent legal advice when drafting your Will, so that there is further evidence of your wishes and reasons for not including certain people.

Aka77

What is the best way to leave money so that any horses you own at the time of your death are cared for. A solicitor suggested leaving the horses and a donation to an equine charity. This is not a safe strategy as charities will use the money as they see fit and cannot prioritise the horse the money was intended for.

There are a few Equine Charities that offer a service whereby provision can be made in your Will for the charity to care for your horse on your death, for example, Blue Cross, World Horse Welfare or HAPPA. Whilst a gift in your Will to contribute towards the cost of caring for your horse is appreciated, is in not usual to be able to attach a sum of money to a specific animal, as this can cause administrative issues for the charity. I would recommend contacting the charities directly to discuss exactly what their individual schemes offer, so that you can determine which one works best for your circumstances and can provide the care you require for your horse.

An alternative to this, would be to create a Trust in your Will in which you provide funds for a trusted person to look after your horse after your death. However, this would need very careful wording and you would need to take advice from a specialist trusts solicitor to ensure that it is practical and workable. It will therefore be more costly to put into place and is likely to require a larger sum of money to be set aside in your Will. Cancer Research UK’s Free Will Service partner with local solicitors who can help you in writing your Will, however the cost will only be covered in full for a simple Will. If you did want to use the service, you would need to speak to a solicitor in advance to understand the additional costs around the complexities of creating a Trust.

Tink75

I would like to complete Power of Attorney for my two sons one of whom lives abroad can I complete forms and send them to him to sign? Is this expensive ?

Lasting Powers of Attorney (LPAs) are useful documents which ensure that your affairs are looked after by the people that you have nominated (in this instance, your sons) if you are physically or mentally unable to manage your own affairs during your lifetime. There are two types of LPAs; one relating to decisions about your Financial Affairs and the other relating to decisions about your Health and Welfare. An LPA cannot be used by your Attorneys until it is registered with the Office of Public Guardian. It is worth noting that this only authorises your Attorneys to manage your affairs in your lifetime and therefore it is important to consider making or updating your Will to ensure that someone is nominated as your Executor to administer and distribute your Estate after your death.

You are able to make and register Lasting Powers of Attorney yourself. The Gov.UK website has standard forms and information on their website. Alternatively you might want to seek professional advice and help with this process and I would recommend that you contact a Legal Adviser for a quote, but this is not something that is covered by Cancer Research UK’s Free Will Service.

fishnships

If I want to change my will do I just write another one, get it signed then throw away the original?

The general principle is that any previous Will is automatically revoked by making a new Will but, in order to avoid any confusion usually a clause is included in your Will stating that previous Wills are revoked. Once you have executed your new Will, your old Will can be destroyed if you chose to do so or retained alongside the new version.

eaglestone

Is it a good idea to include my secret passwords to all my online bank and building society accounts when I make a will, or would access be given automatically to my online accounts when I die?

When you pass away, your executors will contact the various banks and building societies with which you hold accounts in order to gather information about your estate assets. These institutions normally only require a copy of your death certificate in order to release the information about the accounts you hold with them. You therefore shouldn’t need to provide passwords for these when making a will. It is also very common for passwords to change throughout our lives so trying to keep this information up to date with your will file may also prove difficult to manage. If you have other questions about what will happen with the executing of your Will when you pass away, you may be able to get these answered upon writing a Will with Cancer Research UK’s Free Will Service – which partners with local solicitors all across the UK.

PamelaJ1

We have just given our youngest daughter £100,000 to help her buy a house.
Our eldest daughter doesn’t need money at the moment and was happy about this but I don’t want her to lose out. The amount we gave DD2 was the equivalent to 2/5 of the value. Should it be revalued on our death or should we have our house valued and leave a bigger proportion to DD1?

If you wish to ensure that your oldest daughter receives an equivalent value when you pass away, it is possible to include your oldest daughter as a beneficiary of a “pecuniary gift” in your will. This is a gift of money paid before your estate is divided between your residuary beneficiaries. Pecuniary gifts can also be linked to the Bank of England rates so that your daughter would receive a value which is equivalent to £100,000 today. If you did wish to include a gift such as this in your will, it would be important to discuss the reasoning and rationale with your will writer so that they can include relevant information with your will to help avoid any confusion in the future as to why one daughter would appear to be receiving more over the other.

pamelaJEAN

We have two daughters, and have made our wills out to leave equal amounts to each daughter, what would happen if something happened to one of my daughters, would the monies automatically go to her husband.

It is not automatic and your Wills should outline how your Estate is to be distributed if one of your daughters did happen to die before you. I would recommend reviewing your Wills to check the provisions and, if there are no substitutionary beneficiaries named, consider updating your Will. If you need further advice please feel free to contact one of our Free Wills Service Solicitors - cruk.org/freewillservice who will be able to help you update your Wills.

albertina

My elder daughter has been very generous to me and I want this reflected in the amount of money she receives when I die. Her sister is bound to resent this and fight it. Is my word final ?

This is a very similar question to an earlier one, in England, Wales and Northern Ireland, you have the freedom in your Will to leave a financial gift to any individuals or organisations that you wish. You do not have to include any family members at all. This is known as testamentary freedom.

In Scotland, there is an exception to this freedom, known as Legal Rights. This gives a spouse/civil partner and the children of the deceased the right to claim a proportion of the moveable (non-property) assets of the estate. This is a form of ‘forced heirship’, meaning it is an automatic right that cannot be argued against – once claimed, it must be settled. Legal Rights do not apply to siblings.

However, in the whole of the UK, it is possible for a Will to be contested by interested parties or for a claim to be made against the estate after death. It could be that someone tries to challenge the validity of the Will in some way, for example, by saying the person did not have capacity to make it, made the Will under undue influence or that it was not executed properly. Or certain individuals may claim they were financially dependent on the deceased. While it is not possible to completely eliminate the chance of a successful challenge/claim, you can reduce the likelihood by seeking independent legal advice when drafting your Will, so that there is further evidence of your wishes and reasons for not including certain people.

Lollin

Our library has a book about how to write your will. Why not just diy?

It is not essential to use a professional to write your Will and there are now more choices than ever with online Wills, home Will packs and so on. However, there are common pitfalls that people can fall into if they choose to write their own Will which can be avoided by using a professional. We would always recommend that you take proper advice and Cancer Research UK offers a Free Will Service which allows anyone 18+ to easily write or update a simple Will for free. Most people who use the service pledge a gift to the charity as well. You can follow this link to find your local partnered solicitor:
www.cancerresearchuk.org/get-involved/leave-a-legacy-gift-in-your-will/free-will-service#howyoucanwriteyourwill

IamaWallis2

I want one of my sons as my executor. I don't understand what is probate. Why would he need to apply for it - or not.

If you make a Will, you are free to name one of your sons (or anyone you wish) as your executor. It would be a good idea to discuss this with your son in advance to make sure he is happy to take on this responsibility. It could also be worthwhile naming a second executor, who could act in place of your son, just in case he is unable to act when the time comes.

The Grant of Probate is a legal document which confirms details of the person who has died and who is acting as the executor. This document is very important as it is documentary proof that the executor has the authority to deal with all the assets in the deceased person’s estate. For example, banks and companies may need to see the Grant of Probate before they will release assets to the executor. Every organisation will have its own rules about whether probate is needed or not, so the executor should check with all the asset holders before applying for probate.

rags

How long does it take to receive the proceeds from a will?

The time it takes for an estate to be administered and distributed varies considerably. It depends upon the assets within the estate, for example, if there is a property it usually takes some time to market and sell the property. Also, some Executors might not need to obtain a Grant of Probate to collect the assets in an Estate but most Executors do and Probate applications can take at least 12 weeks. If you are a beneficiary in an Estate, it might be helpful to speak to the Executor to understand the steps involved which will give you an idea of timescales.

Iamyyewalnut84

If there’s no will and you have nothing but sentimental possessions- is it a problem?

If you pass away without a Will this is called dying intestate and your Estate will be distributed in accordance with the Rules of Intestacy. The Rules provide a strict order of who is to inherit, irrespective of your wishes. They also do not include unmarried partners, step children, friends or good causes close to your heart. If you have no Will and no surviving blood family, the Rules provide that your Estate would go to the Crown. This might mean that your estate including any cherished sentimental possessions will not be distributed in the way you expect. Making a Will is therefore the best way to ensure that everything in your estate is distributed according to your wishes. It is also commonplace for your funeral wishes to be expressed in your Will and I have known it to be a great comfort to many people to know that they are carrying out their loved one’s last wishes.

Making a Will doesn’t have to be costly. Many charities, including Cancer Research UK, have their own free Will writing service which allows you to create a simple Will (for example where you leave your entire estate to your children) for free.

ronisapphire

Is 12 years too long a time to contest a will?

There are different time limits which depend upon the reason why you are contesting a Will. Generally most claims against a Will must be made within 6 months from when the Grant of Probate was issued. In some cases, the Court might allow claims beyond the 6 month period but it would be rare. There are, however, other types of claim which have a longer time period so I would recommend speaking to a legal adviser who can provide further tailored advice for your situation.

Nikkidmh

I originally wrote my will with a will writing company and they hold the original copy. When I wanted to change it a couple of years ago and phoned them, they had changed their name but had not informed me of this and I don’t know if they are even still in existence now as I have had no other need to contact them. If they have changed names again or have disappeared is my will still legally binding wherever it may now be?

This must be incredibly frustrating for you. Your last Will is still legally binding. If you have been unable to track down your Will I would recommend making a new Will. This would revoke your previous lost Will, which would avoid any uncertainty or confusion for your Executors. You might like to consider using one of our Free Wills Service. There’s information on how to use it on our Cancer Research UK website and you can find out more at www.cancerresearchuk.org/get-involved/leave-a-legacy-gift-in-your-will/free-will-service